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26 November 2021 / Hannah Gumbrill-Ward
Issue: 7958 / Categories: Features , Family , ADR , Arbitration
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Arbitration in family cases: another way

Hannah Gumbrill-Ward shares the pros & cons of the use of arbitration in family proceedings
  • The time for arbitration to play a bigger role in family proceedings has come.

Family practitioners (and their clients) are all too aware of the current crisis in the family court. At the Jersey International Family Law Conference last month, President of the Family Division, Sir Andrew McFarlane, concluded his speech by acknowledging that ‘the Family Court is not currently in a good place’ adding that ‘the substantial backlog that existed before the pandemic has now grown very substantially’. The 14% increase in the number of new cases started in the family court during the second quarter of this year, following a 7% rise in the first quarter, has done nothing to help alleviate this substantial backlog.

As well as those directly involved in family proceedings, the crisis has also attracted the attention of the Lord Chancellor, who is apparently now drawing up plans to impose penalties on parents deemed to be ‘clogging up’

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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